Capitol Records, LLC v. Redigi Inc.

Filing 222

STIPULATED FINAL JUDGMENT SUBJECT TO RESERVATION OF RIGHT OF APPEAL: IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: This Court has jurisdiction over the parties hereto and over the subject matter in issue, and venue is proper in this District. In the interest of efficiency and judicial economy, Plaintiffs and the ReDigi Parties agree to stipulate to the amount of damages set forth in paragraph 4 below and the form of a final injunction set forth in paragraph 5 below in order to permit this case to proceed to an appeal of the Summary Judgment Order. The relief awarded in paragraphs 4 and 5 below is expressly conditioned on the ReDigi Parties' reservation of their right of appeal as set forth in paragraph 3 below. The parties stipulate that the ReDigi Parties have expressly reserved their right on appeal to challenge solely the judgment of liability for copyright infringement as addressed in the Summary Judgment Order and no other rulings or orders in this case. If the judgment of liability for copyright infringement is reversed or vacated on appeal, wholly or partially, this Stipulated Final Judgment shall be set aside to the extent inconsistent with any such decision on appeal or ruling of this Court on remand. For the purpose of clarity, to the extent the question of the ReDigi Parties' liability for copyright infringement is reversed, reversed in part, or vacated and remanded, in whole or in part, both the damages award and the injunction will be set aside to the extent inconsistent with such a ruling. Otherwise, the parties agree that the provisions of this Stipulated Final Judgment, including the award of damages and injunction set forth in paragraphs 4 and 5, shall be fully binding on all parties. Enforcement of this Stipulated Conditional Final Judgment shall not be stayed pending appeal. Subject to paragraphs 2-3 above, the parties stipulate that the amount of damages awarded to Plaintiffs against the ReDigi Parties jointly and severally shall be three million five hundred thousand dollars ($3,500,000). For purpose of this judgment, the amount of damages is stipulated to be an equal amount for each recording Plaintiffs have accused Defendants of infringing. The parties agree that costs (other than attorneys' fees) shall not be awarded. However, Plaintiffs shall have the right under this Judgment to move for an award of attorneys' fees, provided that the amount of such fees to be sought by Plaintiffs shall be capped at not more than five hundred thousand dollars ($500,000) and the ReDigi Parties shall retain the right to oppose any such motion for an award of attorneys' fees. Nothing contained herein shall have any effect on the right of Plaintiffs or the ReDigi Parties to seek an award of attorneys' fees in connection with the appeal of this Stipulated Conditional Final Judgment or any future proceedings in the District Court that may occur following the entry of this Stipulated Conditional Final Judgment. This Court shall retain continuing jurisdiction over the parties to this Stipulated Conditional Final Judgment and over the subject matter of the Action for the purposes of interpreting and enforcing the terms of this Stipulated Final Judgment, subject to the ReDigi Parties' right of appeal set forth above. (As further set forth in this Stipulated Final Judgment.) (Signed by Judge Richard J. Sullivan on 6/3/2016) (Attachments: # 1 Right to Appeal attachment 1, # 2 Right to Appeal attachment 2)(mro) Modified on 6/8/2016 (mro).

United States District Court
Southern District of New York

HOW TO APPEAL YOUR CASE TO THE UNITED STATES COURT
OF APPEALS FOR THE SECOND CIRCUIT
If you disagree with a judgment or final order of the district court, you may appeal to
the United States Court of Appeals for the Second Circuit. To start this process, file a
“Notice of Appeal” with this Court’s Pro Se Intake Unit.
You must file your notice of appeal in this Court within 30 days after the judgment or
order that you wish to appeal is entered on the Court’s docket, or, if the United States or
its officer or agency is a party, within 60 days after entry of the judgment or order. If
you are unable to file your notice of appeal within the required time, you may make a
motion for extension of time, but you must do so within 60 days from the date of entry
of the judgment, or within 90 days if the United States or its officer or agency is a party,
and you must show excusable neglect or good cause for your inability to file the notice
of appeal by the deadline.
Please note that the notice of appeal is a one-page document containing your name, a
description of the final order or judgment (or part thereof) being appealed, and the
name of the court to which the appeal is taken (the Second Circuit) – it does not include
your reasons or grounds for the appeal. Once your appeal is processed by the district
court, your notice of appeal will be sent to the Court of Appeals and a Court of Appeals
docket number will be assigned to your case. At that point, all further questions
regarding your appeal must be directed to that court.
The filing fee for a notice of appeal is $505 payable in cash, by bank check, certified
check, or money order, to “Clerk of Court, S.D.N.Y.” No personal checks are accepted. If
you are unable to pay the $505 filing fee, complete the “Motion to Proceed in Forma
Pauperis on Appeal” form and submit it with your notice of appeal to the Pro Se Intake
Unit. If the district court denies your motion to proceed in forma pauperis on appeal, or
has certified under 28 U.S.C. ' 1915(a)(3) that an appeal would not be taken in good
faith, you may file a motion in the Court of Appeals for leave to appeal in forma pauperis,
but you must do so within 30 days after service of the district court order that stated
that you could not proceed in forma pauperis on appeal.
For additional issues regarding the time for filing a notice of appeal, see Federal Rule of
Appellate Procedure 4(a). There are many other steps to beginning and proceeding with
your appeal, but they are governed by the rules of the Second Circuit Court of Appeals
and the Federal Rules of Appellate Procedure. For more information, visit the Second
Circuit Court of Appeals website at http://www.ca2.uscourts.gov/.
THE DANIEL PATRICK MOYNIHAN
UNITED STATES COURTHOUSE
500 PEARL STREET
NEW YORK, NY 10007-1312
Rev. 5/23/14

THE CHARLES L. BRIEANT, JR.
UNITED STATES COURTHOUSE
300 QUARROPAS STREET
WHITE PLAINS, NY 10601-4150